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(영문) 서울중앙지방법원 2016.08.18 2016고단3282
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 08:40 on April 22, 2016, the Defendant, on the ground that the Defendant, at a “C” restaurant located in Dongjak-gu Seoul Metropolitan Government on April 22, 2016, was fluent against the Defendant, who was a victim D (25 years of age) who was drinking together, who was a dangerous object on the customer’s location, was fluor, and was placed in the victim’s head part on several occasions and at one time at the face part of the victim’s head, thereby causing damage to the victim’s head head two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The nature and circumstances of the crime are not weak, such as unloading the head that may cause serious danger to human life or body by a dangerous element, if any;

In most favorable circumstances: The degree of injury of the victim is not very serious.

At the latest, during the public trial of this case, the victim agreed with the victim, and the victim was not punished against the defendant.

There is no record of the same crime except that of juvenile protective disposition for an injury in 2007.

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